I. BREAKDOWN OF THE LAW
This criterion is satisfied if the applicant has both performed in the past and is set to perform in the future as a lead participant for organizations known for their distinguished reputation. The law can be divided into two main parts:
Part One
- The applicant has performed
- As a lead participant
- For an organization
- That possesses a distinguished reputation
Part Two
1. The applicant will perform
2. As a lead participant
3. For an organization
4. That has a distinguished reputation
II. MEETING THE CRITERIA
When evaluating whether an applicant meets this requirement, it is essential to review key details from each organization or company where they have worked in their field. These include:
- Dates of Employment
- Job Title
- Name of the Company
MATCH-UPS
The tangible information aligns with the law as follows:
For Part One:
1. “Applicant has performed” ⇨ Dates of Employment
2. “As a lead” ⇨ Job Title
3. “For an organization” ⇨ Company Name
4. “With a distinguished reputation” ⇨ Company Name
For Part Two:
1. “Applicant will perform” ⇨ Future Dates (or planned dates)
2. “As a lead” ⇨ Future Job Title/Role
3. “For an organization” ⇨ Company Name
4. “With a distinguished reputation” ⇨ Company Name
III. PROVING IT TO USCIS
1. DATE OF EMPLOYMENT
This element (see Criteria 1 Events) is used to establish both past and future involvement in significant events.
WHAT USCIS IS LOOKING FOR
USCIS requires evidence of both historical and upcoming performances. They want to see that you have a proven track record and that you are slated for future work in lead roles.
For instance, rather than just the word “performed,” USCIS may consider the term “worked” in cases where the role isn’t strictly performance-based. Essentially, your application should demonstrate that you have been—and will continue to be—a lead contributor.
In evaluating whether you are “at the top of your field,” USCIS seeks a consistent and steady upward trajectory in your career. Ideally, you would provide evidence of multiple engagements with increasingly prestigious organizations, with recent roles ideally within the last six months. For example, while working for a company like Google is impressive, having done so many years ago without any subsequent similar roles may not satisfy USCIS.
EXAMPLES
Test 1: If your job role were eliminated, would the project still succeed?
- Romeo (in Romeo and Juliet) qualifies as a lead role.
- A minor role, such as Nun #3 (in Romeo and Juliet), does not qualify.
- The lead guitarist in a band is a qualifying role, while a lower-ranked guitarist (e.g., 124th in a large marching band) is not.
Test 2: Are there other team members performing the same duties at a less senior level?
- A first-chair trumpet player is considered a lead.
- A fourth-chair trumpet player is not.
2. JOB TITLE
[Refer to Criteria 1 Events]
Law: This element confirms the “as a lead” aspect by mapping your job title to your role in the organization.
WHAT USCIS IS LOOKING FOR
For some fields, a lead role might be evident from the job title alone, while in others you may need to elaborate on your responsibilities. USCIS may also consider the term “critical capacity” as a broader alternative to “lead.”
HOW TO PROVE IT
Sometimes a job title is sufficient proof of your lead status; in other cases, you will need to provide a detailed explanation of your duties and how indispensable your role was. Evidence that other team members perform similar functions at a lower level can also support your case.
EXAMPLES
[Refer to Criteria 1 Events for examples]
3. ORGANIZATION HOSTING EVENT
Law: This element is tied to verifying that the organization has a distinguished reputation, thereby reinforcing that you have worked for reputable companies.
WHAT USCIS IS LOOKING FOR
USCIS expects the organization to be widely recognized, ideally evidenced by significant media coverage and financial success. While the term “distinguished reputation” is somewhat vague, it generally implies that the organization is well-known and influential within its industry.
HOW TO PROVE IT
Proving an organization’s distinguished reputation is often achieved by demonstrating substantial media coverage, using tools like Lexis Nexis or other media search engines. Focus on major newspapers rather than smaller blogs, and consider additional factors such as the organization’s longevity and financial performance.
EXAMPLES
For instance, an organization like Coca‑Cola, known for its extensive press and long history, is a strong example of a company with a distinguished reputation.
IV. DIFFICULTY
LEVEL OF DIFFICULTY
This criterion is considered a level 3 difficulty. Only about half of the applicants manage to meet it because the challenge lies in proving not only that you have worked in prominent events, but also that your role was truly pivotal.
RELATED CATEGORIES
The “Organizations” criteria are closely linked with the “Events” criteria. There is a similar “Organizations” criterion for O‑1A visas, and both are used to assess whether the applicant has consistently operated at the top of their field.